Jail Abuse Or Neglect | Wisconsin Personal Injury Lawyer
Sue For Jail Time Abuse Or Neglect With Help From A Wisconsin Personal Injury Lawyer
Family members of inmates who die due to abuse or neglect while serving time in jail or prison are often haunted by the loss and the circumstances surrounding the death. What can they do? Do they have any rights? Will the truth of their family member’s death ever be told? Can they file a wrongful death lawsuit?
There are no easy answers to these questions. In most cases, a family’s rights in cases like this depend on the type of institution where the inmate was held, the manner of death, and certain statutory considerations. The system is confusing at the best of times, you’ll need the help of a Wisconsin personal injury lawyer to understand your rights and legal options.
Questions To Consider Before Pursuing A Jail Or Prison Wrongful Death Suit
There are many considerations to bringing a wrongful death suit. Before deciding whether or not to proceed with a lawsuit, consider the following:
- Is It Jail Or Prison? Believe it or not, there is a difference and it can affect your case. Prisons house inmates who have been found guilty of felonies or serious crimes and have been sentenced to one year or more of incarceration. Jails are typically used to house misdemeanor offenders and people who have been charged with crimes but are awaiting their trial date.
- Is It State Or Federal Prison? This depends on the criminal act that was perpetrated. Some acts are federal offenses; others are both state and federal. Depending on the crime, your loved one will have been sentenced to serve in either a state or federal prison facility.
- Was It Abuse Or Neglect? Abuse and neglect are two different things. It is considered abuse when a prisoner dies due to the excessive use of force by authorities. It is considered neglect when authorities fail to take the necessary steps to protect an inmate, either medically, physically, or emotionally.
Damages That May Be Awarded
The details of the case determine what damages may be available. Your Wisconsin personal injury lawyer will carefully examine the case and recommend a course of action that is likely to bring you the best resolution. In typical wrongful death suits families are eligible to recover both compensatory and punitive damages. Compensatory damages are intended to replace a loss of some sort. In some circumstances, punitive damages essentially punish the at-fault party for their behavior.
Don’t Delay. Schedule A Consultation With A Wisconsin Personal Injury Lawyer At Eisenberg Law Offices
Wrongful death suits are subject to statutory limitations. That means you have only a certain amount of time after the death occurred in which to file a lawsuit. In Wisconsin, this is 3 years. A claim against municipalities or the State may have to be filed in 120 to 180 days. If you suspect abuse or neglect contributed to your loved one’s death while incarcerated, contact a Wisconsin personal injury lawyer at Eisenberg Law Offices as soon as possible. Early action is crucial to building a successful case.
Call Eisenberg Law Offices at 608-256-8356 or request a consultation online.